P.N.KHANNA
MOHAMMAD JAN – Appellant
Versus
HAJI ABDUL SATTAR – Respondent
( 1 ) HAJI Abdul Sattar. respondent No. 1, and his wife Zohra Bi, respondent No. 2, obtained three separate money decrees against Mohd. Jan, the appellant, Mehtabuddin. respondent No. 3. and M/s. Jan Tin Industries, respondent No. 4 for Rs. 9,000. 00 with costs Rupees 3,250. 00 with costs and Rs. 1,300. 00 with costs respectively. The decree-holders took out execution of their first decree for Rs. 9. 000. 00 and got attached a house belonging to the judgment-debtor, Mohd. Jan, the present appellant. Objections by his wife, under Order 21, Rule 58 of the Code of Civil Procedure, were dismissed. A declaratory suit by her claiming the property as hers met the same fate. In appeal, the trial court s judgment was modified partly to the extent that she was held entitled to a charge on the property to the extent of Rs. 2,000. 00. The house was put to auction; but the appellant, on depositing the entire decretal amount in court, prayed for its release from attachment At this stage, Haji Abdul Sattar. respondent No. 1, the decree-holder, applied on July 31, 1968 tor rateable distribution of the assets held by the court among all the aforesaid three decrees in favour of the decre
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.